This article was last updated and fact checked on April 29, 2025 by Mani Karthik.
When I received my EB2 I-140 approval, I was thrilled – until I checked the Visa Bulletin and realized my priority date was several years away from becoming current.
Like many Indian professionals, I found the concept of priority dates confusing and the lengthy wait times disheartening.
After navigating this process myself and helping dozens of friends understand their own priority date situations, I’ve created this comprehensive guide to explain exactly how priority dates work for EB2 visas, what the current wait times are for Indians, and strategies to potentially shorten your wait.
In this article...
Quick Overview: EB2 Priority Dates Explained
A priority date for an EB2 visa is the date when your PERM labor certification or I-140 petition (for National Interest Waiver cases) is properly filed.
This date establishes your place in line for a green card. For Indian EB2 applicants, current wait times range from 5-10+ years due to annual country-specific visa limits, with the backlog moving forward unpredictably each month.
The priority date is essentially your ticket number in the green card queue.
You can only proceed to the final green card application step when your priority date becomes “current” according to the monthly Visa Bulletin published by the Department of State.
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Understanding the Visa Bulletin and Priority Dates
What is the Visa Bulletin?
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that shows which priority dates are eligible for final green card processing. It contains two charts:
- Final Action Dates (Chart A): Dates when green cards can actually be issued
- Dates for Filing (Chart B): Earlier dates when applicants may begin submitting their final paperwork
How to Read the Visa Bulletin for EB2 India
The Visa Bulletin organizes priority dates by visa preference category and country of birth. For EB2 India, look for the row labeled “2nd” and the column for “INDIA” to find the current cutoff date.
For example, if the Visa Bulletin shows “01JAN15” for EB2 India, it means only applicants with priority dates on or before January 1, 2015, can move forward with their green card applications.
💡 Pro Tip: Create a free account on the USCIS website and sign up for automatic Visa Bulletin notifications. This ensures you’ll know immediately when there’s movement in your category, allowing you to prepare documentation in advance if your date might become current soon.
Current Priority Date Movement for Indian EB2 Applicants
Historical Movement Patterns
The movement of EB2 India priority dates has been inconsistent over the years:
- Slow progression: Typically advancing a few weeks to a few months per Visa Bulletin
- Retrogression: Sometimes dates move backward when demand exceeds projections
- Rapid advancement: Occasionally sees jumps of several months or even years when visa usage is lower than expected
Current Situation (2025)
As of 2025, the EB2 category for Indian-born applicants faces significant backlogs:
- Current priority dates are processing cases filed approximately 7-8 years ago
- Movement has averaged about 2-3 weeks per month
- At current progression rates, new EB2 applicants from India face waits of 5-10+ years
Factors Affecting Priority Date Movement
Several factors influence how quickly the line moves:
- Number of visas allocated annually (typically around 40,000 for EB2 worldwide)
- Per-country limit (generally 7% of total, though recapture and spillover can change this)
- Demand from other countries
- Applicants upgrading to or downgrading from other categories
- Legislative changes to visa allocations
Establishing and Maintaining Your Priority Date
How Your Priority Date is Established
For EB2 visa applicants, your priority date is established:
- For regular EB2: The date your PERM labor certification is filed with the Department of Labor
- For National Interest Waiver (NIW): The date your I-140 petition is filed with USCIS
Maintaining and Transferring Priority Dates
Your priority date stays with you under various scenarios:
- Changing employers: If your first employer’s I-140 was approved, you can generally retain that priority date with a new employer’s petition
- Changing visa categories: If you switch between employment-based categories (like from EB3 to EB2), you can usually keep your earlier priority date
- Withdrawals: Even if a previous employer withdraws their I-140 petition, you can retain the priority date if it was already approved
| Scenario | Priority Date Impact |
|---|---|
| New employer, same EB category | Retain original date if previous I-140 was approved |
| Upgrading from EB3 to EB2 | Retain original EB3 date |
| Downgrading from EB2 to EB3 | Retain original EB2 date |
| Employer withdraws I-140 before approval | Priority date is lost |
| Employer withdraws I-140 after approval | Priority date is retained |
Strategies to Navigate Long EB2 Priority Date Waits
1. Explore EB1 Eligibility
If you qualify for EB1 (extraordinary ability, outstanding researcher, or multinational manager), consider filing in this category:
- EB1 priority dates for Indians are typically much more current (1-2 years vs. 5-10+ years)
- You can retain your earlier EB2 priority date if it’s more advantageous
- Even borderline EB1 cases are worth attempting given the potential time savings
2. Consider EB3 Downgrade When Strategic
Sometimes the EB3 category moves faster than EB2 for Indians due to demand patterns:
- Monitor both categories in the Visa Bulletin
- If EB3 is significantly ahead, consider filing a downgrade petition
- You can maintain your EB2 petition while pursuing EB3 as well
3. Leverage Cross-Chargeability Options
If your spouse was born in a country with current priority dates:
- You may be eligible to use your spouse’s country of birth for chargeability
- This could potentially make your priority date immediately current
- Requires both spouses to apply for green cards simultaneously
4. Stay Informed About Legislation
Immigration reform efforts often target employment-based backlogs:
- Several bills have proposed eliminating or modifying country caps
- Recapture of unused visas can accelerate priority dates
- Stay informed about pending legislation that could affect wait times
5. Maintain Valid Nonimmigrant Status
During the long wait:
- Ensure timely H-1B extensions (can extend beyond 6-year limit with approved I-140)
- Consider alternative visa options if necessary
- Avoid gaps in status that could complicate your green card process
Common Questions About EB2 Priority Dates
What happens if my priority date becomes current and then retrogresses again?
If you’ve already filed Form I-485 (Adjustment of Status) when your date was current, your application remains pending and valid even if dates later retrogress. If you haven’t filed I-485 before retrogression occurs, you’ll need to wait until your date becomes current again before filing.
If I change jobs, do I lose my priority date?
If your I-140 petition was approved with your previous employer and has been approved for at least 180 days, you can retain your priority date when filing a new I-140 with a new employer. However, you’ll need to complete a new labor certification process with the new employer unless you qualify for an exemption.
How do priority dates work for my family members?
Your spouse and unmarried children under 21 “derive” their priority date from the principal applicant (you). They all share your priority date and can file for adjustment of status or consular processing when your date becomes current.
What’s the difference between “Dates for Filing” and “Final Action Dates” in the Visa Bulletin?
“Dates for Filing” (Chart B) are earlier dates that indicate when you can submit your I-485 application, while “Final Action Dates” (Chart A) indicate when USCIS can actually approve your green card. USCIS announces each month which chart should be used for filing I-485 applications.
Can I expedite my priority date wait?
There’s no mechanism to expedite the priority date waiting period itself. The line moves according to visa availability determined by law. However, you can potentially “skip” ahead in line by qualifying for a faster category like EB1 or using cross-chargeability through a spouse born in a different country.
Bonus Tips for Managing the Priority Date Wait
Track historical visa bulletin movement.
Several immigration websites maintain charts showing month-by-month progression of priority dates. This helps you recognize patterns and make better predictions.
Prepare I-485 documents in advance.
Have birth certificates, medical exams, and other required documents ready before your date becomes current to avoid delays once you can file.
Consider consular processing alternatives.
Sometimes consular processing through a US embassy can be faster than adjustment of status for some applicants.
Maintain documentation of your lawful status.
Keep extensive records of all visa extensions and status changes during your wait time.
Keep your address updated with USCIS. File Form AR-11 promptly if you move to ensure you receive important notices about your case.
💡 Pro Tip: Create a “priority date tracking spreadsheet” recording the monthly movement for your category over time. Calculate the average monthly progression (both overall and for recent months), then use this data to make rough projections about when your date might become current. While not precise, this helps with life planning during the long wait.
Key Takeaways About EB2 Priority Dates
- Your priority date is established when your PERM labor certification or I-140 (for NIW) is filed
- Indian EB2 applicants currently face waits of 5-10+ years due to country-specific limits
- The Visa Bulletin, published monthly, determines which priority dates are current
- An approved I-140 allows you to retain your priority date even when changing employers
- Strategic options include exploring EB1 qualification, EB3 downgrades when advantageous, and cross-chargeability through a spouse
- H-1B extensions beyond the 6-year limit are available with an approved I-140, regardless of priority date currency
- Legislative changes could potentially reduce wait times, though comprehensive reform has been elusive
The long priority date wait for Indian EB2 applicants is undoubtedly challenging, but understanding the system and exploring all available strategies can help you navigate this period more effectively and potentially reduce your waiting time.
I wish you patience and success on your green card journey!
While the wait may be long, thousands of Indian professionals successfully complete this process each year and achieve their permanent residency goals.
Keep your documentation organized, stay informed about visa bulletin movements, and explore all options to potentially accelerate your path to a green card. Safe travels! ✈️
